Indian Kanoon - Search engine for Indian Law

10. In the face of these hard facts which clearly demonstrate that the petitioner was bent upon denying the fruits of the decree to the decree holder, it cannot be said that he was justified in filing an application under Order XXI Rule 29 CPC based on the suits which were instituted after the petitioner suffered the decree of ejectment. The judgment and decree under execution having attained finality are now binding not only on the petitioner - judgment debtor, but also on his vendor in view of the dismissal of his application filed under Order XXI Rule 97 CPC. Therefore, the petitioner is not entitled for the benefit of the provisions contained under Order XXI Rule 29 CPC. The Executing Court has rightly rejected the said application. No interference is, therefore, called for in this revision petition. Hence, the revision petition is dismissed.